Request
Under the terms of the Freedom of Information Act I would like to request details relating to all serious untoward incidents (SUI’s) with actual or potential breaches of confidentiality involving person identifiable data, including data loss, which have been reported to the Strategic Health Authority since 1st January 2009.
In particular, I would like to request the following:
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the date in which the incident occurred (and at least the month if it is not possible to give the date)
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where the incident occurred (if you can’t be specific about the location then an indication of the type of facility)
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an outline of the incident
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any action taken as a result of the incident.
If you deny all or any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law. If you believe that this information can only be provided at a disproportionate cost, please cite calculations of the possible costs incurred, and/or provide any of the requested information that is readily available.
I would appreciate it if you would acknowledge receipt of this request and I look forward to hearing from you.
Our Response
I refer to your email asking for details relating to all serious untoward incidents in respect of data loss reported to NHS East Midlands.
I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that whilst we do hold the information that you have requested, we are of the opinion that Section 21 of the FOIA is engaged in this instance. Section 21 is an ‘absolute’ exemption that relates to information that is reasonably accessible to the applicant already.
However, Section 16 of the FOIA places a duty on us to provide advice and assistance where necessary. I have therefore attached a link to our website which will lead you to the information that you require.
http://www.eastmidlands.nhs.uk/about-us/information-governance/information/
We are currently in the process of reviewing the Quarter 3 information and this will be published in due course. We are therefore of the opinion that Section 22 FOIA is engaged in this instance as this information is intended for future publication. This exemption requires us to consider the public interest test in respect of disclosure of the information. We feel that premature publication of these figures could be misleading to the public and reflect an inaccurate picture of the situation.
I hope that this information is of use to you. If you are dissatisfied with the way in which we have dealt with your request you can ask us to review our decision by writing to:-
Mr Kevin Orford
Deputy Chief Executive and Director of Finance
NHS East Midlands
Octavia House
Interchange Business Park
Bostock's Lane
Sandiacre
Nottingham
NG10 5QG
If at the conclusion of any review you remain dissatisfied you may complain to the Information Commissioner who can be contacted at:-
The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
